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It depends on whether it was left in a will or a trust. There is generally a rule that "blood" cannot be cut out of an estate. You need an attorney who understands wills or trusts. Your chances are apparently better with a will than a trust. The attorney for the estate hast to provide you with the documents on demand. You have 120 days from the receipt of those documents in most states to contest the will.

We are researching an article on children of older men married to younger women being cut out of the father's estate. We are seeking stories of such children. If you are interested in sharing, please email reversibletrust [at] gmail dot com with information on how you can be contacted.

We are also seeking estate experts who would be willing to speak and be quoted.

Thank you

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Q: If a father leaves his entire estate to his second wife and her children what recourse do his children by his first deceased wife have?
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Does a child or her father inherit her mother's property?

The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).


Who inherits in an intestate estate in South Africa?

It depends. If the deceased had a spouse (or if he was in a polygamous marriage) but if he had no descendants, the spouse (or spouses) will inherit the estate. If there are only descendants but no spouses, then it will be they who inherit the estate. In case there are both spouse(s) and descendants, the spouse will receive R125 000 and the balance will go to the children. Also, if there are neither descendants nor spouses, the parents (or one parent and the other descendants of that parent) will split the estate equally.


How do you get permission from a deceased artist named Dalida to use the song 'I Found My Love in Portofino' in a commercial?

You contact the estate.


How does dr.seuss make movies and he's dead?

Many deceased authors have their work turned into a film or television program. It is licensed from their estate.


Where can you find out if you are a benificary of your deceased father?

If he had a lawyer there may be a will and you should be able to find out from the lawyer if you are included. The Executor of his estate may also have the will and you should be able to see a copy or at least find out. Otherwise his estate will go to probate court and the judge will determine how the estate is divided.

Related questions

In North Carolina if there is no will can the brothers of the deceased override the children's claim to the estate if witnessess swear the deceased left his entire estate to his brothers?

If the will cannot be found, then the state has a default will. In that case, the children of the deceased would inherit the estate, not the brothers of the deceased. Witnesses don't matter.


Are children responsible for the debts of their deceased mother in Illinois?

The estate of the deceased is responsible for the debt.


If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?

Typically the spouse inherits the entire estate unless there are children involved.


Can testator bequeath entire estate to his girlfriend in a will leaving out his wife and children?

No. That is contra bonos mores and against public policy, to give deceased estate to strangers like girlfriend while testator is legally married and has children with his legal wife. His guilty of engaging in extramural affairs. Being married in community of property deceased cannot disinherit his wife and children.


Are adult children responsible for paying deceased parents real estate taxes?

No, the estate is responsible for the medical bills of the deceased. Only after they are resolved can the estate be closed any remainder distributed.


Are children of deceased responsible for his debt in Colorado?

The estate is responsible for the debts of the deceased. That means before the estate can be settled, all debts have to be cleared. If there is not enough in the estate to cover them, there are some people who will not get paid.


Are children of deceased parent responsible for bills in ga?

In Georgia the estate is responsible for the medical bills of the deceased. Only after they are resolved can the estate be closed and any remainder distributed.


Are the children responsible for bills if deceased is indigent in Ohio?

In Ohio the estate will be responsible for the medical bills of the deceased. Only after they are resolved can the estate be closed and any remainder distributed.


Are children of deceased responsible for his debt in California?

The estate is responsible for all the debts of the deceased. That means before the estate can be settled, all debts have to be cleared. If there is not enough in the estate to cover them, there are some people who will not get paid.


Property distribution of intesteste mother having 3 children but one died having 5 children?

The five children of the deceased child would inherit the deceased child's share of the mother's estate, unless the mother's will says other. For example, if the mother's estate is to be equally divided amongst her 3 children, then one-third of the mother's estate is split amongst the five grandchildren of the deceased child.


If a father disinherited his children in his will and left life insurance to his deceased wife with no contingent will the money go to the children or the estate?

In most cases it will default to the estate.


When a deceased child is made a beneficiary of an estate does the children of the deceased automatically receive the inheritance?

yes. unless the will state otherwise